I'm kind of puzzled.  I've always had the hunting rights to a piece of property.  The landowner always leased apart of my property to get water access for his cows.  In exchange, I've always been able to hunt his property. (Written Agreement)  The landowner died about three weeks ago.  I received a letter yesterday from an attorney stating that the land was going into probate.  All leases, agreements, and hunting access to the property were rescinded and do not trespass on the property.  I was unhappy to receive this letter given that hunting season (firearms) will open in a week.

What do hunters do when the property they were planning to hunt on suddenly becomes a no hunting zone?

Here is what I done so far:

- Called DNR, I was not selected for any quota hunts.
- Called several Hunting clubs, membership is full.

Looks like you’re going state land, finding another place or sitting this year out then.  

You cannot force a landowner to give permission, especially a new one that doesn’t want you on there.  Maybe you need to rescind your water program with them?

Just remind the attorney about the livestocks need for water and suggest a compromise.

This goes both ways.  

"his" lease ended when he died.  

Fence off the area where the cows drink.  

I bet you get to hunt.

I don't understand paying to hunt. I wish we could reverse this one.

Regardless without a clause rescinding the contract on owners death I don't see how this legal.

If the written lease was already done for this season - signed, etc, then I don’t see how the property owner’s death effects the lease unless the land owner’s death is a specific cause for termination in the lease.

Maybe your state laws are different than typical?

And fence off the cows until the attorney sees it your way.

Disclaimer: I’m an attorney but don’t know your state and am unfamiliar with your lease terms, etc, and I do not actively practice law, let alone RE law.

I feel for ya bud - same thing happened to me a week or two ago, property changed ownership (via trade from one organization to another), and with gun deer season 3 weeks away I'm pretty much SOL.

No go for me on public property, after having someone walk through the woods in full camo during gun season, and on another occasion getting threatened by another hunter, I'll just go to the grocery store and buy beef.

Too late now to apply for "special hunts" in state parks, etc...but have had success with those in the past.

Plan is to buy my own land between now and the next 10 years.  

Until then, advice is to find a landowner plat book.  Find names and addresses of potential properties, and match those with phone numbers available from online searches (True People Search has worked well for me).  Cold call and ask politely.  Impersonal and easier for landowner to say no, but quicker than driving around/knocking on doors...and especially with Chinaflu.

Easier to get a foot in the door with archery and turkey hunting.  Don't expect high success, might get one or two hits per 200 calls.

Best of luck.

and let that attorney know!

Looks like you are going to sit out hunting on that property for this season. Property is in probate so your prior agreement is now null and void. You will have to wait until the property has a new owner to approach them about a new agreement.

In the meantime, you have every right to fence in the area you allowed the prior landowner water access for his livestock. I would do that ASAP. You and the new landowner can negotiate once he is in legal possession of the land now in probate. Simple.

Having it in writing will only help if someone calls a hunter out for trespassing.  

Basically it’s permission to be on the land, and can be revoked at any time.  Sure, if someone pays for that permission, then they can ask for a refund.

Don't know what state you are in but check out Outdoor Access.

Better start scouting public land.

Unless the lease had an 'In Perpetuity' clause, you have no recourse.  The lease is between you and the property owner, not you and the property.

Disclaimer:  Not a lawyer, but I've dealt with something similar, and that was my lawyer's take on it.

Assuming the livestock wasn’t trucked away send the estate a bill for the water rights cash value.    You exchanged a valued commodity already and they recinded your payment in trade.  The LLC or estate owes you.  Get in line for payment or allow them the compromise to hunt just this season.  

Assuming this is a yearly contact  and perhaps on the calandar year.  


Bill the LLC  $100 for each month of the year.  

OP, any update?

After calling over 200 landowners, this user got lucky and was able to gain permission on two private properties (both for archery, one for firearm).  And additionally a few others for spring turkey.  There'll be other hunters on each, but hey it beats the snot out of public land.  Not gonna lie, took a ton of research and calling legwork, but just like in a bar - if you keep asking, eventually one finds success.

Follow your dreams, you can achieve your goals I'm living proof.

Any cow on your land should be considered trespassing and that should cover any meat shortage....

Wouldnt the contract end when one party dies? His land is willed to a new owner, who makes his own rules... no? We used to hunt a spot & the old guy passed. Went the next year & his kid said we were not welcome(after 20 years or so)... I kindly asked what changed? He said Dad died & its my land now. No hunters... Hard to argue w/ that.

I think the problem lies in the fact that when the landowner was alive his cows were reaping the benefit of the agreement, water access, but OP has not received any compensation for that water ie. hunting rights.

Now THIS makes the thread interesting.

I can see where this is a problem for the estate. You could get hurt or damage something and the permission of the previous owner is probably either void or not supported by documentation. You hunting on their land could possibly open them up to a lawsuit. Maybe once it is sold, your agreement could be pursued again with the new owner.

You could try contacting family members and mention the water/hunting agreement, and maybe they would put it in writing...but I'd doubt that after hearing some stories that mimic yours. In fact, I was the "victim" of land passing through children. We had quite a bit of money invested in a lease and there was an agreement that we would have the property indefinitely. Two water wells, roads built with gravel, drainage and thousands worth of dirt work, etc....all paid for by us. The owner was a long time family friend, fellow church member, and neighbor.  The grandfather/owner of the property passed away. The sons all agreed to continue the lease to us and things went uninterrupted for the first season. In fact, we built two more ponds and put in two new 60" corrugated metal culverts. The following summer, the lease manager was contacted by a law firm asking us to cease activity on the lease until a court proceeding was finalized. Turns out, a long-lost aunt of the boys and sister of the owner that passed away had some stake in the land from their father, and her daughter in Chicago owned half of the property. She immediately sold her half (the best half for hunting) for a cut-rate price to a large land management firm, who then posted it for 4x what they paid. We were allowed to continue hunting on the other half, but that was poor hunting land and didn't even continue the lease. One of the members was so pissed that he brought his dozer out and flattened several levees, poured concrete down the wells, and crushed the culverts. It was a great property to hunt and I miss it regularly. I wasn't even able to get any stands or feeders out either, because soon after it flooded and the crushed culverts washed out due to low flow and you couldn't get to the back without a tank.

Id definitely talk to your lawyer you provided water and have not been compensated